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Idaho Divorce Information Property Ownership For Divorce Purposes Community property state, which means the courts start with the presumption that the property division should be 50/50. The court has the discretion to divide marital property unequally if the circumstances warrant it. Marital fault is not a consideration when dividing property in Idaho. What Property is Divided? Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance. Income from separate property is a marital asset. Alimony At the court's discretion. Marital fault may be considered. Terminates upon the death of either party, and upon the receiving party's remarriage. Child Support Income shares method, which means the income of both parents is considered. Emancipation is age 18, unless still in high school, in which case it is 19. Court generally will not order payment of college education costs. Child Support Calculator. Child Support Enforcement The Idaho child support enforcement agency can be found at: Divorce Related Statutes For Idaho http://www3.state.id.us/idstat/TOC/32FTOC.html Other Resources The Divorce Financial Survival Series |